COVENANT NOT TO SUE, RELEASE, WAIVER,

ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

(Adult Participant)

I, __________________________________________________ (also referred to as the “participant"), in consideration of being permitted to become a member of and participate in events organized and sponsored by the Atlanta Mini Buggy Racing (hereinafter referred to as "AMBR") hereby acknowledge and agree as follows:

1.      RELEASE, DISCHARGE, COVENANT NOT TO SUE:  I do hereby release, discharge, and covenant not to sue AMBR, its members, participants, officers, managers, directors, employees, subdivisions thereof, independent contractors, promoters, sponsors, advertisers, agents, heirs, successors, and assigns, affiliated clubs or organizations, and volunteers (hereinafter the “Releasees”) from all liability, recourse, proceedings, claims, and causes of action of any kind whatsoever, known or unknown, in respect of all personal injuries or property losses which I may suffer arising out of or connected with my preparation for, or participation in, AMBR events, notwithstanding that such injuries or losses may have been caused solely or partly by the negligence of the Releasees named above.

2.      ACKNOWLEDGMENTS and ASSUMPTION OF RISKS:  I hereby acknowledge and agree:

1. that mini buggy racing exposes participants to many risks and hazards, some of which are inherent in the very nature of the activity itself, others which result from human error and negligence on the part of the persons involved in preparing, organizing, and staging racing events and other activities;
2. that, as a result of the aforesaid risks and hazards, I as a participant may suffer serious personal injury, temporary or permanent disability, even death, as well as property loss;
3. that some of the aforesaid risks and hazards are foreseeable, but others are not;
4. that I nevertheless freely and voluntarily expose myself to and assume the aforesaid risks and hazards, and that, accordingly, my preparation for, and participation in AMBR EVENTS shall be entirely at my own risk;
5. that I understand that the Releasees do not assume any responsibility whatsoever for my safety during the course of my preparation for or participation in AMBR events;
6. in acknowledging such risks, I agree to wear all safety restraints (seatbelts, etc.), helmets, eye protection and other safety equipment at all times while participating in AMBR events;
7. that I have carefully read this agreement, that I fully understand same, and that I am freely and voluntarily executing same;
8. that I understand clearly that by signing this release I will be forever prevented from suing or otherwise claiming against the Releasees for any loss or damage connected with any property loss or personal injury that I may sustain while participating in or preparing for any AMBR event whether or not such loss or injury is caused solely or partly by the negligence of the Releasees;
9. that I have been given the opportunity and have made a personal decision whether to seek independent legal advice prior to signing this agreement;
10. that I consent to receive, exclusively at my own expense, medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during my participation in AMBR events;
11. that I understand clearly that AMBR will not permit me to participate in its sponsored events unless I sign this agreement, and that the terms of this Agreement need not be brought to my attention by AMBR at any time after I sign this Agreement unless AMBR deems it necessary to present a waiver at each event;
12. that the term "sign" in this Agreement includes executing a signature or any other positive action of agreement in writing or electronically;
13. that I am at least 18 years of age; and
14. that this agreement is binding on myself, my heirs, my executors, administrators, personal representatives and assigns;

3.      INDEMNIFICATION.  If, despite this agreement, I or my heirs, executors, administrators, personal representatives or assigns, make a claim against the Releasees, I AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES AND EACH OF THEM FROM ANY LITIGATION EXPENSES, ATTORNEYS’ FEES, LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE RELEASEES NAMED HEREIN, WHETHER THE CLAIM IS BASED ON THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. 

4.      ARBITRATION. I agree that any dispute concerning this agreement shall be submitted to binding arbitration in Atlanta , Georgia .  Such arbitration shall be conducted pursuant to the rules of the American Arbitration Association.  Each party shall be responsible for its own fees and costs except that the arbitrator may, in his sole discretion, require that the losing party pay the prevailing party all or some portion of the prevailing party’s attorney’s fees and arbitration costs. 

5.      CONSTRUCTION OF AGREEMENT and SEVERABILITY; GOVERNING LAW.  Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the provision shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the document.  The parties shall be bound by the provisions contained herein.  If any provision of this Agreement is found to be invalid, void, illegal or unenforceable, the parties shall be bound by the remaining provisions of this Agreement to the fullest extent permitted by law in the same manner as if such unenforceable provision had not been included herein, it being the intention of the parties that all provisions of this Agreement are severable. This agreement shall be governed by the laws of the State of Georgia .

_________________________________                              Date____________________________                                 Signature of Participant

_________________________________

Witness Signature